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no main street intervenes, all the way to a boundary line of the city.
Thirteenth. The term “one year," as used in this act, shall be deemed to include the time beginning with January first and ending with the thirty-first day of December of the same year.
Fourteenth. References in certain sections, by number, to certain other sections of “this act” refer to the number of the sections of the original act as heretofore amended, unless it appears from the context that the reference is to the section of this amendatory act, when it shall be construed according to the context.
SEC. 10. Section thirty-five of said act is hereby amended to read as follows:
Section 35. The superintendent of streets shall, when in his judgment it is necessary, appoint a suitable person to take charge of and superintend the construction and improvement of each and every sewer constructed or improved under the provisions of this act, and of piling and capping, sidewalking, or of the paving of whatever character heretofore mentioned, in whole or in part, of one block or more, whose duty it shall be to see that the contract made for the doing of said work is strictly fulfilled in every respect, and in case of any departure therefrom to report the same to the superintendent of streets, Such person shall be allowed for his time actually employed in the discharge of his duties such compensation as shall be just, but not to exceed four dollars per day. The sum to which the party so employed shall be entitled shall be deemed to be incidental expenses, within the meaning of those words as des fined by this act.
Sec. 11. Section thirty-seven of said act is hereby amended to read as follows:
Section 37. This act shall take effect and be in force from and after its passage, and all acts and parts of acts in contliet with this act' are hereby repealed; and provided, however, that any work or proceedings of the city council commenced under the act of which this (is) amendatory shallin no wise be affected thereby, but shall in all respects be finished and completed thereunder, and this act shall in no wise affect said work or proceedings. An act to amend an act entitled "An act to proride for work upon
streets, lanes, alleys, courts, places, and sidewalks, and for the construction of scuers within municipalities," approved Varch 18, 1885, by adding thereto certain new and additional sections, to provide the mode of carrying into effect certain provisions of said act relative to changing grades.
[Approved March 31, 1891; Stats. 1891, p. 461.) SECTION 1. The act entitled "An act to provide for work upon streets, lanes, alleys, courts, places, and sidewalks, and for the construction of sewers within municipalities," approved March eighteenth, eighteen hundred and eighty-tive, is hereby amended by adding thereto sections, as follows:
Section 38. The city council are hereby empowered to change or moduy the grade of any public sireet, lane, alley, place, or court, in the manner and as hereinafter provided Before any change of grade is ordered, the city council shall pass a resolution of intention to make such change or changes of grade, and shall publish a copy of said resolution in a newspaper in which the official nouces of the city council are usually printed and published, such newspaper io be designated in the resolution of intention. Said resolution shall be published in every regular issue of such newspaper for not less than ten days, and shall describe the proposed change of grades, and shall designate and establish the district to be affected thereby, and within the limits of said district the lots of land to be benefited by such change of grade shall be assessed to pay any damage that may be awarded by reason of the change. One or more streets or blocks of any street or streets may be embraced in the same proceedings. Within five days after the first publication of the resolution of intention, the superintendent of streets shall cause to be conspicuously posted, within the district designated in the resolution, noti: es of the passage of said resolution. Said notices shall be the same in áll requirements of contents and posting as the “ notices of street work provided for in section three of the act hereby amended. If no objections to said proposed change or changes of grade shall be filed with the clerk of the city council within thirty days from the first publication of the resolution of intention hereinbefore menuioned, the city council shall thereaiter declare such grades to be changed and established in conformity to said resolution of intention.
Section 39. Within thirty days after the first publication of said notice, any person owning land in the district designated, and claiming dainge by reason of such change of grade, shall file a petition with the city council or the clerk thereof, setting forth in such petiuon a copy of the notice, the fact of the petitioner's ownership, his post-office address, the description and situation of the property claimed to be damaged, its market value, and the estimated amount of damages over and abore all benefits which the property would sustain by the proposed change ii completed, and asking the appointment of commissioners to assess and report to the city council the amount of damages and benefits that will be sustained by the property by reason of such change. The owners of two or more lots of land affected by such change may unite in the same petition; and when more than one petition is filed, the eity council may act upon all the petitions jointly. Each petition shall be verified by the oath of the petitioners therein named, or by the agent of such petitioners,
Section 40. If the petuon mentioned in the preceding section of this act be filed as therein provided, the city council shall fix a time and place ior the hearing of the same, and shall give notice thereof io said petitioner. A notice shall be de. posited in the post-office, at the place of hearing, at least five days before the ume of hearing, and not less than thirty days siter the first publication of the resolution of intention, post.
age prepaid thereon, and addressed to each of said petitioners at his post-office address as contained is said peuvon. Said notice shall designate the time and place of hearing of the petition, and shall noury the petitioner that the city council will, at such hearing, take such evidence and hear such wito nesses as he may produce in support of his petition. The city council, or its committee, may hear such witnesses, under oath, as may be deemed necessary at the hearing, which oath may be administered by any member of the council, and shall thereupon proceed to act upon the petition; prorudel, that no action shall be taken upon said petition unul prooi, by uthidavit, shall have been made of the mailing of the notice as provided herein.
Section 41. If the city council shall find that the petition does not present a proper case for the payment of damage, it shall notily the petitioner, by a writen nouice, duly malled 10 him at the post-office address designated in his poiruon, that such petition is denied; and ten days after mailing such nouce the city council may proceed to change the grade the same as if no such petition were filed. If, after the hearing of the petition, the city council shall, by its judgment thereon, decide that the petition presents a proper case for the payment of damages, it shall appoint three citizens, who are freeholders within the city or city and county, and who are not interested in the lands to be assessed, to assess the benefits and damages to each separate lot of land as the same appears of record on the last assessment roll, within the limits designated in the resolution of intention.
Section 42. The commissioners, when appointed, shall be sworn to make the assessments of benetits and damages to the best of their judgment and ability, without fear or favor, and that they have no interest in the controversy, nor in any of the land within the limits designated. Upon subscribing to the oath and filing the same, and a bond, to be approved by the city council, in the penal sum of five thousand dollars, conditioned for the faithiul discharge of their duties, with the city council, the said commissioners shall be qualified to discharge their duties in the premises.
Section 43. The commissioners, in company with a committee from the city council appointed for that purpose, shall visit and inspect all the lots of land and improvements appur. tenant thereto within the district affected by the change of grade. The commissioners shall have power to subpana witnesses to appear before them, and examine, under oath, which any one of them is 'authorized to administer, any witnesses produced before them by any party, touching ihe inatter to be investigated, and such other witnesses as they may deem necessary to fully acquaint themselves with the actual amount of benefit and damages which will result to the respective par:ies interested in the proposed change.
Section 41. The cominíssioners, havug determined the damage which will be sustained by each peutioner in excess of all benefits, shall proceed to assess the whole amount thereof, together with the costs, charges, and expenses of the proceedings, including the compensation of the commissioners for their services (such compensation and expenses to be fixed by the city council), ratably upon the several lots of land benefited within the limits of the district, so that the same shall be distributed according to the benefits produced by such change as nearly as possible. The commissioners shall receive for their services not more than one hundred dollars per month, for a period not exceeding six months, unless such time be further extended by the city council, and during the progress of their work shall make such report to the council as the city council may require.
Section 45. The commissioners shall make their report in writing, and shall subscribe the same and file it with the city council. In their said report they shall describe separately each piece of property, which will sustain damage, stating the amount of damages which it will sustain over and above all benefits. They shall also give a brief description of each lot benefited within the designated limits, the name of the owner, if known, and the amount of benefit in excess of damage assessed against the same. When the amount of benefit and damage assessed to a lot is equal, such fact shall be stated in the report. In case the three commissioners do not agree, the award agreed upon by any two of them shall be sufficient. In designating the lots to be assessed, reference may be had to a diagram of the property in the district affected, such diagram to be attached to and form a part of the repori of the commissioners.
Section 46. If in any case the commissioners find that conflicting claims of uitle exist, or shall be in ignoronce or doubt as to the ownership of any lot or land, or of any improvements thereon, or of any interest therein, it shall be set down as belonging to unknown owners. Error in the designation of the owner or owners of any land or improvements, or of the particulars of their interest, shall not affect the validity of the asBessment. On the filing of said report, the clerk of said city council shall give notice of such filing, by the publication for at least ten days, in one or more daily newspapers published and circulated in said city, or, if there be no daily newspaper, by three successive insertions in a weekly or semi-weekly newspaper so published and circulated. Said notice shall also require all persons interested to show cause, if any, why such report should not be confirmed, before the city council, on or before a day fixed by the city council and stated in said notice, which day shall not be less than twenty days from the first publication thereof.
Section 47. All objections shall be in writing, and filed with the clerk of the city council, who shall, at the next meeting after the date fixed in the notice to show cause, lay the said objections, if any, before the city council, which shall fix the time for hearing the same, of which the clerk shall notify the objectors in the same manner as objectors to the original resolution of intention. At the ume set, or at such other time as the hearing may be adjourned 10, the city council shall hear such objections and pass upon the same; and at such time, or
such other time as may be fixed, shall proceed to pass upon such report, and may confirm, correct, or modify the same, or may order the commissioners to make a new assessment, report, and plat, which shall be filed, notice given, and hearing had, as in the case of an original report.
Section 48. The clerk of said city council shall forward to the street superintendent of the city a certified copy of the report, assessment, and plat as finally contirmed and adopted by the city council. Such certified copy shall thereupon be the assessment roll, the cost of which shall be provided for by the commissioners as a portion of the cost of the proceedings herein. Immediately upon receipt thereof by the street superintendent, the assessment therein contained shall become due and payable, and shall be a lien upon all the property contained or described therein.
Section 49. The superintendent of streets shall thereupon give notice, by publication for ten days in one or more daily newspapers published and circulated'in said city or city and couniy, or by two successive insertions in a weekly or semiweekly newspaper so published and circulated, that he has received said assessment roll, and that all sums levied and assessed in said assessment roll are due and payable immediately, and that the payment of said sums is to be made to him within thirty days from the date of the first publication of said notice. Said notice shall also contain a staiement that all assessments not paid before the expiration of said thirty days will be declared to be delinquent, and that thereafter the sum of five per cent upon the amount of each delinquent assessment, together with the cost of advertising ench delinquent assessment, will be added thereto. When payment of any assessment is made to said superintendent of sireets, he shali write the word “ paid " and the date of payment opposite the respective assessment so paid, and the names of persons by or for whom said assessment is paid, and shall give a receipt therefor. On the expiration of said thirty days, all assessments then unpaid shall be and become delinquent, and said superintendent of streets shall certify such fact at the foot of said assess ment roll, and shall add five per cent to the amount of each assessment so delinquent. The said superintendent of streets shall, within five days from the date of such delinquency, pro. ceed to advertise and collect the various sums delinquent, and the whole thereof, including the cost of advertising, which last shall not exceed the sum of tiity cents for each lot, piece, or parcel of land separately assessed, by the sale of the assessed property in the same manner as is or may be provided for the collection of state and county taxes; and after the date of said delinquency, and before the time of such sale herein provided for, no assessment shall be received unless at the same time the five per cent added thereto, as aforesaid, together with the costs of advertising then already incurred, shall be paid therewith. Said list of delinquent assessments, with a notice of the time and place of sale of the property affected thereby, shall be published daily for five days in one or more daily newspapers published and circulated in such city, or by at